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SBE Agenda for March 2016

Agenda for the California State Board of Education (SBE) meeting on March 9-10, 2016.
State Board Members
  • Michael W. Kirst, President
  • Ilene W. Straus, Vice President
  • Sue Burr
  • Bruce Holaday
  • Feliza I. Ortiz-Licon
  • Patricia A. Rucker
  • Niki Sandoval
  • Ting L. Sun
  • Trish Williams
  • Michael S. McFarland, Student Member
  • Vacancy
Secretary & Executive Officer
  • Hon. Tom Torlakson
Executive Director
  • Karen Stapf Walters
Schedule of Meeting Location

Wednesday, March 9, 2016
8:30 a.m. Pacific Time ±

STATE BOARD OF EDUCATION
The Closed Session will take place at approximately 8:30 a.m. (The Public may not attend.)

California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814
916-319-0827

Please see the detailed agenda for more information about the items to be considered and acted upon. The public is welcome.

Schedule of Meeting Location

Thursday, March 10, 2016
8:30 a.m. Pacific Time ±

STATE BOARD OF EDUCATION
Public Session. Public Session, adjourn to Closed Session – IF NECESSARY.

California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814
916-319-0827

The Closed Session (1) may commence earlier than 8:30 a.m.; (2) may begin at 8:30 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 8:30 a.m.

CLOSED SESSION AGENDA

Conference with Legal Counsel – Existing Litigation: Under Government Code sections 11126(e)(1) and (e)(2)(A), the State Board of Education hereby provides public notice that some or all of the pending litigation follows will be considered and acted upon in closed session:

  • California School Boards Association, et al. v. California State Board of Education and Aspire Public Schools, Inc., Alameda County Superior Court, Case No. 07353566, CA Ct. of Appeal, 1st Dist., Case No. A122485, CA Supreme Court, Case No. S186129
  • Cruz et al. v. State of California, State Board of Education, State Department of Education, Tom Torlakson et al., Alameda County Superior Court, Case No. RG14727139
  • D.J. et al. v. State of California, California Department of Education, Tom Torlakson, the State Board of Education, Los Angeles Superior Court, Case No. BS142775,CA Ct. of Appeal, 2nd Dist., Case No. B260075
  • Emma C., et al. v. Delaine Eastin, et al., USDC (No.Dist.CA), Case No. C-96-4179
  • Options for Youth, Burbank, Inc., San Gabriel, Inc. Upland, Inc. and Victor Valley, Notice of Appeal Before the Education Audit Appeals Panel, EAAP Case Nos. 06-18, 06-19- 07-07, 07-08 OAH Nos. L2006100966, L2006110025, L20070706022, L2007060728, Los Angeles County Superior Court, Case No. BC 347454
  • Reed v. State of California, Los Angeles Unified School District, State Superintendent of Public Instruction, Jack O’Connell, California Department of Education, and State Board of Education, et al., Los Angeles County Superior Court, Case No. BC432420, CA Ct. of Appeal, 2nd Dist., Case No. B230817, CA Supreme Ct., Case No. 5191256
  • Vergara et al. v. State of California, Governor Edmund G. Brown, Tom Torlakson, the California Department of Education, the State Board of Education, Los Angeles County Superior Court, Case No. BC484642, CA Ct. of Appeal 2nd Dist., Case No. B253282, B253310

Conference with Legal Counsel – Anticipated Litigation: Under Government Code sections 11126(e), the State Board of Education hereby provides public notice that it may meet in Closed Session to decide whether there is a significant exposure to litigation, and to consider and act in connection with matters for which there is a significant exposure to litigation. Under Government Code sections 11126(e)(1) and (e)(2), the State Board of Education hereby provides public notice that it may meet in Closed Session to decide to initiate litigation and to consider and act in connection with litigation it has decided to initiate.

Under Government Code Section 11126(c)(14), the State Board of Education hereby provides public notice that it may meet in Closed Session to review and discuss the actual content of pupil achievement tests (including, but not limited to, the High School Exit Exam) that have been submitted for State Board approval and/or approved by the State Board.

ALL TIMES ARE APPROXIMATE AND ARE PROVIDED FOR CONVENIENCE ONLY

ALL ITEMS MAY BE HEARD IN A DIFFERENT ORDER THAN HOW THEY ARE LISTED ON THE AGENDA ON ANY DAY OF THE NOTICED MEETING

THE ORDER OF BUSINESS MAY BE CHANGED WITHOUT NOTICE

Time is set aside for individuals desiring to speak on any topic not otherwise on the agenda. Please see the detailed agenda for the Public Session. In all cases, the presiding officer reserves the right to impose time limits on presentations as may be necessary to ensure that the agenda is completed.

REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY

Pursuant to the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, any individual with a disability or any other individual who requires reasonable accommodation to attend or participate in a meeting or function of the California State Board of Education (SBE), may request assistance by contacting the SBE Office at 1430 N Street, Room 5111, Sacramento, CA 95814; by telephone at 916 319-0827; or by facsimile at 916 319-0175.

CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session Day 1

Wednesday, March 9, 2016

Wednesday, March 9, 2016 – 8:30 a.m. Pacific Time ±
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814

  • Call to Order
  • Salute to the Flag
  • Communications
  • Announcements
  • Report of the State Superintendent of Public Instruction
  • Special Presentations
    Public notice is hereby given that special presentations for informational purposes may take place during this session.
  • Agenda Items
  • Adjournment

AGENDA ITEMS DAY 1

Item 01 (DOC; 2MB)

Subject: California Assessment of Student Performance and Progress: State Superintendent of Public Instruction’s Recommendations for the Expansion of the California Assessment of Student Performance and Progress System Assessments.

Type of Action: Action, Information


Item 02 (DOC)

Subject: California Assessment of Student Performance and Progress: Approval of the Grades for Which the California Next Generation Science Standards Summative Assessments Will Be Administered.

Type of Action: Action, Information


Item 03 (DOC)

Subject: California Assessment of Student Performance and Progress: Update on Program Activities, including, but not limited to, Smarter Balanced Assessments (Summative, Interim, and Digital Library Resources), Technology, Summative Assessment in Primary Languages Other than English, California Alternate Assessments, California Next Generation Science Standards Assessments, and Outreach Activities.

Type of Action: Action, Information


Item 04 (DOC; 2MB)

Subject: California Assessment of Student Performance and Progress: Approve Commencement of a 15-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5, Sections 850 through 864.

Type of Action: Action, Information


WAIVERS / ACTION AND CONSENT ITEMS

The following agenda items include waivers that are proposed for consent and those waivers scheduled for separate action because CDE staff has identified possible opposition, recommended denial, or determined present new or unusual issues that should be considered by the State Board. Waivers proposed for consent are so indicated on each waiver’s agenda item, and public comment will be taken before board action on all proposed consent items; however, any board member may remove a waiver from proposed consent and the item may be heard individually. On a case-by-case basis, public testimony may be considered regarding the item, subject to the limits set by the Board President or by the President's designee; and action different from that recommended by CDE staff may be taken.

Special Education Program (Educational Interpreter for Deaf and Hard of Hearing)

Item W-01 (DOC)

Subject: Request by Dinuba Unified School District to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for Deaf and Hard of Hearing students meet minimum qualifications as of July 1, 2009, to allow Leeza Pena to continue to provide services to students until June 30, 2016, under a remediation plan to complete those minimum requirements.

Waiver Number: 8-11-2015

(Recommended for DENIAL)


Special Education Program (Educational Interpreter for Deaf and Hard of Hearing)

Item W-02 (DOC)

Subject: Request by two local educational agencies to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for Deaf and Hard of Hearing students meet minimum qualifications as of July 1, 2009, to allow two interpreters to continue to provide services to students until June 30, 2016, under a remediation plan to complete those minimum requirements.

Waiver Numbers:

  • Hanford Joint Union High School District 24-10-2015
  • Shasta County Office of Education 27-10-2015

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Extended School Year [Summer School])

Item W-03 (DOC)

Subject: Request by seven local educational agencies to waive California Code of Regulations, Title 5, Section 3043(d), which requires a minimum of 20 school days of attendance of four hours each for an extended school year (summer school) for special education students.

Waiver Numbers:

  • Gateway Unified School District 2-12-2015
  • Madera County Office of Education 7-12-2015
  • Oroville City Elementary School District 1-12-2015
  • San Pasqual Valley Unified School District 19-11-2015
  • Shasta County Office of Education 4-12-2015
  • South Whittier Elementary School District 10-11-2015
  • Tehama County Office of Education 12-11-2015

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Resource Teacher Caseload)

Item W-04 (DOC)

Subject: Request by two local educational agencies under the authority of California Education Code (EC) Section 56101 and California Code of Regulations, Title 5, Section 3100, to waive EC Section 56362(c). Approval of this waiver will allow the resource specialists to exceed the maximum caseload of 28 students by no more than four students (32 maximum).

Waiver Numbers:

  • Middletown Unified School District 21-12-2015
  • Poway Unified School District 7-11-2015

(Recommended for APPROVAL WITH CONDITIONS)


Charter School Program (Nonclassroom-Based Funding)

Item W-05 (DOC)

Subject: Request by Rocklin Unified School District to waive portions of California Code of Regulations, Title 5, Section 11963.6(c), relating to the submission and action on a determination of funding request regarding nonclassroom-based instruction.

Waiver Number: 11-11-2015

(Recommended for APPROVAL)


Community Day Schools (CDS) (Collocate Facilities)

Item W-06 (DOC)

Subject: Request by a school district to waive portions of California Education Code Section 48663(a), relating to community day school minimum instructional minutes. Two requests are from districts to waive portions of California Education Code Section 48661(a), relating to the collocation of a community day school with other types of schools.

Waiver Numbers:

  • Earlimart Elementary School District 3-11-2015
  • Hacienda la Puente Unified School District 22-10-2015
  • Konocti Unified School District 5-11-2015

(Recommended for APPROVAL WITH CONDITIONS)


Equity Length of Time (Equity Length of Time)

Item W-07 (DOC)

Subject: Request by ten school districts to waive California Education Code Section 37202(a), the equity length of time requirement for transitional kindergarten and kindergarten programs at the districts’ elementary schools.

Waiver Numbers:

  • Alpaugh Unified School District 15-11-2015
  • Bear Valley Unified School District 19-12-2015
  • Bear Valley Unified School District 20-12-2015
  • Coronado Unified School District 13-12-2015
  • Folsom-Cordova Unified School District 3-12-2015
  • Red Bluff Union Elementary School District 4-11-2015
  • Redlands Unified School District 8-12-2015
  • Reed Union Elementary School District 9-11-2015
  • San Miguel Joint Union School District 18-12-2015
  • San Ysidro Elementary School District 12-12-2015
  • Twain Harte School District 13-11-2015

(Recommended for APPROVAL WITH CONDITIONS)


Instructional Time Requirement Audit Penalty (Below 1982-83 Base Minimum Minutes)

Item W-08 (DOC)

Subject: Request by New Haven Unified School District under the authority of California Education Code Section 46206(a), to waive Education Code Section 46201(a), the audit penalty for offering less instructional time in the 2013–14 fiscal year for students in grades four and five (shortfall of 1,540 minutes) at district schools.

Waiver Number: 10-6-2015

(Recommended for APPROVAL WITH CONDITIONS)


Physical Fitness Testing (Physical Fitness Testing)

Item W-09 (DOC)

Subject: Requests by three school districts to waive portions of the California Education Code Section 60800(a), relating to Physical Fitness Testing, specifically to suspend body composition assessment for students in grade five participating in a statewide school-based fitness study during the 2015–16 school year.

Waiver Numbers:

  • Moreno Valley Unified School District 10-12-2015
  • Napa Valley Unified School District 11-12-2015
  • Pasadena Unified School District 9-12-2015

(Recommended for APPROVAL)


School Construction Bonds (Bond Indebtedness Limit - Unified after 2000)

Revised Item W-10 (DOC; Posted 02-Mar-2016)
The Southern Kern Unified School District clarified that CABS may be issued during calendar year 2016 but that all CABS would be compliant with AB 182.

Item W-10 (DOC)

Subject: Request by two districts to waive one of the following California Education Code sections 15628 or 15270(a), to allow the districts to exceed their bonded indebtedness limits. Total bonded indebtedness may not exceed 1.25 percent of the taxable assessed valuation of property for high school and elementary school districts or 2.5 percent for unified districts. Depending on the type of bond, a tax rate levy limit to $30 per $100,000 or assessed value for high school and elementary school districts or $60 per $100,000 for unified districts, may also apply.

Waiver Numbers:

  • Oak Grove Elementary School District 6-1-2016
  • Southern Kern Unified School District 3-1-2016

(Recommended for APPROVAL WITH CONDITIONS)


School District Reorganization (Elimination of Election Requirement)

Item W-11 (DOC)

Subject: Request by two local educational agencies to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a districtwide election to establish a by-trustee-area method of election.

Waiver Numbers:

  • Anaheim City Unified School District 9-1-2016
  • Fullerton Elementary School District 25-12-2015

(Recommended for APPROVAL)


School District Reorganization (Size of Governing Board)

Item W-12 (DOC)

Subject: Request by Southern Humboldt Joint Unified School District to waive California Education Code Section 5020 that requires a districtwide election to reduce the number of governing board members from seven to five.

Waiver Number: 6-11-2015

(Recommended for APPROVAL)


School District Reorganization (Timeline Requirements)

Item W-13 (DOC)

Subject: Request by Monterey County Office of Education for a waiver of portions of Education Code (EC) Section 35706, regarding the 120-day timeline between the first public hearing and action on a petition by the County Committee on School District Organization.

Waiver Number: 8-1-2016

(Recommended for APPROVAL)


Schoolsite Council Statute (Number and Composition of Members)

Item W-14 (DOC)

Subject: Request by 10 local educational agencies under the authority of California Education Code Section 52863 for waivers of Education Code Section 52852, relating to schoolsite councils regarding changes in shared, composition, or shared and composition members.

Waiver Numbers:

  • Butte County Office of Education 23-12-2015
  • Butte County Office of Education 24-12-2015
  • Butteville Union Elementary School District 6-12-2015
  • Imperial County Office of Education 5-12-2015
  • Maple Creek Elementary School District 17-11-2015
  • Mountain Valley Unified School District 14-12-2015
  • Novato Unified School District 14-11-2015
  • Potter Valley Community Unified School District 15-12-2015
  • River Delta Joint Unified School District 20-10-2015
  • Stony Creek Joint Unified School District 16-11-2015
  • Temple City Unified School District 20-11-2015

(Recommended for APPROVAL WITH CONDITIONS)


State Testing Apportionment Report (CAHSEE)

Item W-15 (DOC)

Subject: Request by two local educational agencies to waive the State Testing Apportionment Information Report deadline as stipulated in the California Code of Regulations, Title 5, Section 11517.5(b)(1)(A), regarding the California English Language Development Test; or Title5, Section 1225(b)(3)(A), regarding the California High School Exit Examination; or Title 5, Section 862(b)(2)(A) prior to February 2014, regarding the Standardized Testing and Reporting Program; or Title 5, Section 862(b)(2)(A), regarding the California Assessment of Student Performance and Progress System.

Waiver Numbers:

  • Morgan Hill Unified School District 2-11-2015
  • Ravenswood City Elementary School District 23-10-2015

(Recommended for APPROVAL)

END OF WAIVERS


Item 05 (DOC)

Subject: Approval of the Career Technical Education Incentive Grant: Grantee List.

Type of Action: Action, Information


Item 06 (DOC)

Subject: Pupil Instruction: Courses Without Educational Content – Approve the Finding of Emergency and Proposed Emergency Regulations for Amendments to the California Code of Regulations, Title 5, Section 1700.

Type of Action: Action, Information


Item 07 (DOC)

Subject: Pupil Instruction: Courses Without Educational Content – Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Section 1700.

Type of Action: Action, Information


Revised Item 08 (DOC; Posted 29-Feb-2016)
The revised Item 08 reflects a page numbering change.

Item 08 (DOC)

Subject: Revisions to the California School Accounting Manual.

Type of Action: Action, Information


Item 09 (DOC)

Subject: California Assessment of Student Performance and Progress: Authorize the California Department of Education to Enter Into a Memorandum of Understanding with edCount for the National Center and State Collaborative Assessment System and Test Content.

Type of Action: Action, Information


Item 10 (DOC)

Subject: California High School Equivalency Tests: Approve Proposed General Educational Development® Passing Test Score Adjustment.

Type of Action: Action, Information


Item 11 (DOC)

Subject: Approval of 2015–16 Consolidated Applications.

Type of Action: Action, Information


Item 12 (DOC)

Subject: Elementary and Secondary Education Act: No Child Left Behind: Approval of Local Educational Agency Plans, Title I, Section 1112.

Type of Action: Action, Information


Item 13 (DOC)

Subject: Recommendation for the Appointment of Barbara Murchison to the Position of State Lead for the Federal Every Student Succeeds Act.

Type of Action: Action, Information


Item 14 (DOC)

Subject: Approval of the Charter School Numbers Assigned to Newly Established Charter Schools.

Type of Action: Action, Information


Item 15 (DOC)

Subject: Consideration of Requests for Determination of Funding as Required for Nonclassroom-based Charter Schools Pursuant to California Education Code Sections 47612.5 and 47634.2, and Associated California Code of Regulations, Title 5.

Type of Action: Action, Information


Item 16 (DOC)

Subject: Consideration of a Request for Determination of Funding with “Reasonable Basis”/Mitigating Circumstances as Required for a Nonclassroom-based Charter School Pursuant to California Education Code Sections 47612.5 and 47634.2, and Associated California Code of Regulations, Title 5.

Type of Action: Action, Information


Item 17 (DOC)

Subject: Consideration of a Retroactive Request for Determination of Funding as Required for a Nonclassroom-based Charter School Pursuant to California Education Code Sections 47612.5 and 47634.2, and Associated California Code of Regulations, Title 5.

Type of Action: Action, Information


Item 18 (DOC)

Subject: Consideration of a Retroactive Request for Determination of Funding with “Reasonable Basis”/Mitigating Circumstances as Required for a Nonclassroom-based Charter School Pursuant to California Education Code Sections 47612.5 and 47634.2, and Associated California Code of Regulations, Title 5.

Type of Action: Action, Information


Item 19 (DOC)

Subject: STATE BOARD PROJECTS AND PRIORITIES. Including, but not limited to, future meeting plans; agenda items; and officer nominations and/or elections; State Board appointments and direction to staff; declaratory and commendatory resolutions; Bylaw review and revision; Board policy; approval of minutes; Board liaison reports; training of Board members; and other matters of interest; and Presentation regarding WestEd Standards Implementation Survey.

Type of Action: Action, Information


Item 20 (DOC)

Subject: Indicator 17 of the State Performance Plan and Annual Performance Report for Special Education: State Systemic Improvement Plan.

Type of Action: Action, Information


Item 21 (DOC)

Subject: Update on Every Student Succeeds Act: Supplemental Educational Services and Public School Choice for the 2016–17 School Year.

Type of Action: Information


Item 22 (DOC)

Subject: General Public Comment. Public Comment is invited on any matter not included on the printed agenda. Depending on the number of individuals wishing to address the State Board, the presiding officer may establish specific time limits on presentations.

Type of Action: Information

ADJOURNMENT OF DAY’S SESSION


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session Day 2

Thursday, March 10, 2016

Thursday, March 10, 2016 – 8:30 a.m. Pacific Time ±
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814

  • Call to Order
  • Salute to the Flag
  • Communications
  • Announcements
  • Report of the State Superintendent of Public Instruction
  • Special Presentations
    Public notice is hereby given that special presentations for informational purposes may take place during this session.
  • Agenda Items
  • Adjournment

AGENDA ITEMS DAY 2

Item 23 (DOC)

Subject: Developing a New Accountability System: Update on the Local Control Funding Formula, including, but not limited to, the Local Control and Accountability Plan and Annual Update Template; the Evaluation Rubrics; Discussion on the Every Student Succeeds Act State Plan; Introduction of the California Practitioners Advisory Group; and Revised Timeline for Transitioning to the New Accountability and Continuous Improvement System.

Type of Action: Action, Information


PUBLIC HEARINGS

The first of three Public Hearings will commence no earlier than 11:00 a.m. on Thursday, March 10, 2016. The first Public Hearing listed below will be held as close to 11:00 a.m. as the business of the State Board permits.

After the 10 minute presentation from proponents and opponents, members of the public may provide comments. For the following public hearing items, individual speakers will be limited to one minute each.

Item 24 (DOC)

Subject: Thrive Public School: Consider a Material Revision of the Charter to Change from Transitional Kindergarten through Grade Eight to Transitional Kindergarten through Grade Twelve.

Type of Action: Action, Information, Hearing


Item 25 (DOC)

Subject: The School of Arts and Enterprise: Hold a Public Hearing to Consider a Petition to Renew the Charter Currently Authorized by the State Board of Education.

Type of Action: Action, Information, Hearing


Item 26 (DOC)

Subject: Petition for the Establishment of a Charter School Under the Oversight of the State Board of Education: Consideration of Rocketship Mt. Diablo which was denied by the Mt. Diablo Unified School District and the Contra Costa County Board of Education.

Type of Action: Action, Information, Hearing

END OF PUBLIC HEARINGS

ADJOURNMENT OF MEETING


This agenda is posted on the State Board of Education’s Web site [http://www.cde.ca.gov/be/ag/]. For more information concerning this agenda, please contact the State Board of Education at 1430 N Street, Room 5111, Sacramento, CA, 95814; telephone 916-319-0827; facsimile 916-319-0175. Members of the public wishing to send written comments about an agenda item to the board are encouraged to send an electronic copy to SBE@cde.ca.gov, with the item number clearly marked in the subject line. In order to ensure that comments are received by board members in advance of the meeting, please submit these and any related materials to our office by 12:00 Noon on March 4, 2016, the Friday prior to the meeting.

Questions: State Board of Education | 916-319-0827 
Last Reviewed: Tuesday, March 8, 2016
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